Staffing Compliance Digest | February 2019

Welcome to the Staffing Compliance Digest! This quarterly update contains the latest news about federal and state compliance rules and regulations that are relevant to staffing firms.* If you’re concerned about keeping your company compliant, keep reading or click below to scroll down to an update that’s relevant to your business.

In Case You Missed It:

What’s Recently Gone into Effect

“As has been widely reported, both houses of Congress have now voted to repeal the Affordable Care Act’s (ACA) individual shared responsibility penalty, effective for 2019, as part of the 2017 tax reconciliation act.” READ MORE

“The Tax Cuts and Jobs Act (TCJA) made changes to the federal tax code that directly impact how withholding allowances are calculated. As a result of these changes, use of federal Form W-4 to calculate Oregon withholding allowances may no longer result in adequate withholding for Oregon personal income taxes. We’ve created Form OR-W-4, Oregon Employee’s Withholding Allowance Certificate, for employers to provide to their employees any time the federal Form W-4 is provided. Employees may complete both the federal Form W-4 and the new Oregon Form OR-W-4, and submit both to their employer to ensure adequate allowances are claimed for federal and state purposes.” GET THE FORM

“The Idaho State Tax Commission… released Employee’s Withholding Allowance Certificate, Form ID W-4. Taxpayers must complete the form so that their employer can withhold the correct amount of state individual income tax from their paycheck. Taxpayers must sign the form and give it to their employer. The form includes instructions on completing the form.” GET THE FORM

“Last year, Governor Brown signed legislation to prevent employers from asking about or relying on salary history information when making hiring decisions. That legislation, Assembly Bill 168 from Assemblymember Susan Talamantes Eggman went into effect on Jan. 1, 2018. The bill raised a number of questions among employers, especially regarding key terms that were undefined, vague or unclear. Acknowledging these concerns, Assemblymember Eggman introduced a follow-up measure, Assembly Bill 2282, to define some key phrases and provide further guidance to California employers. Governor Brown recently signed AB 2282 into law, which will go into effect on Jan. 1, 2019.” READ THE BILL

“An Act Concerning Pay Equity (Public Act No. 18-8) prohibits employers and third parties like recruiting firms from asking about a worker’s salary history. Also under the new law, employers can’t forbid workers from discussing their salaries or discipline them for doing so.” READ THE ACT

“On July 5, 2018, Governor David Y. Ige signed Senate Bill 2351 into law, adding Hawaii to the list of jurisdictions generally prohibiting employers from asking applicants about their prior compensation history. As long as employers have at least one employee in the state, they are covered… With the passage of the law, Hawaii also joins the trend of encouraging employee dialogue about wages. The law prevents employers from retaliating against employees who discuss their wages or inquire about wages and also prevents employers from prohibiting wage employee disclosures and discussions.” READ THE BILL

“All Washington employers must provide paid family and medical leave under a bill signed by Gov. Jay Inslee on July 5 [2018]. The new law creates an insurance fund that employers and employees both pay into, with a 0.4 percent payroll tax. Payroll deductions will begin on Jan. 1, 2019, and benefits will become available to employees on Jan. 1, 2020. Washington joins a handful of other states (California, New Jersey, Rhode Island and New York) to have enacted a paid-family-leave law.” READ THE BILL

“The Rhode Island Department of Labor and Training announced that while enforcement of the new paid sick and safe leave law began as of July 1, 2018, the Department will grant a six-month grace period for unintentional employer omissions. Until January 1, 2019, if the Department finds that an employer has mistakenly denied benefits but has acted in good faith to comply with the paid sick and safe leave law, the agency will ensure that impacted employees are appropriately compensated, and waive the administrative penalties, as long as corrective action is taken to prevent further issues… Rhode Island employers with 18 or more employees are required to provide paid sick and safe leave to their employees. Employers with fewer than 18 employees must provide, at minimum, unpaid sick and safe leave…” READ THE BILL

“As of January 1, 2019, the number of weeks eligible employees can take to bond with a new child, care for a family member with a serious health condition, or assist loved ones when a family member is deployed abroad on active military service increased to 10 weeks… The Paid Family Leave wage replacement benefit has also increased. In 2019, employees taking Paid Family Leave will receive 55% of their average weekly wage, up to a cap of 55% of the current Statewide Average Weekly Wage of $1,357.11. The maximum weekly benefit for 2019 is $746.41.” READ MORE

“The U.S. Department of Labor… announced the launch of an enhanced electronic version of the Handy Reference Guide to the Fair Labor Standards Act (FLSA). This new online version of one of the Wage and Hour Division’s (WHD) most popular publications will assist American employers and workers with a simple, easy-to-follow resource that provides basic WHD information, as well as links to other resources.” VIEW THE RESOURCE

Coming Soon:

What to Prepare for in the Coming Months

“The Ohio Senate passed House Bill 494, which would specify that a corporate franchisor is not the employer of a worker at a franchisee when there are disputes over wages, workers’ compensation, unemployment compensation and income taxes.” READ THE BILL

The law applies to employers with 50 or more employees. “The law specifies employees would accrue 1 hour of paid sick leave for every 35 hours worked, up to 40 hours per year. Allows employer to limit accrual to 1 hour per week. An employer is not required to allow an eligible employee to use more than 40 hours of paid sick leave in a single benefit year or to carry over more than 40 hours of time from one benefit year to another.” Learn more about the law and exemptions. READ THE ACT

“For over 50 years, by September 30, employers with 100 or more employees and federal contractors with at least 50 employees were required to submit an EEO-1 report to the Equal Employment Opportunity Commission (EEOC). The EEO-1 report provides the EEOC with data about the size, location, and race and gender demographics of an employer’s workforce. In 2017, due to proposed changes that would have required employers to also provide information on employee compensation and hours worked, the filing deadline for 2017 EEO-1 reports was changed to March 31, 2018. Although those changes were later withdrawn by the Office of Management and Budget, the new filing deadline stayed in place… it is important to note that March 31 continues to be the annual deadline.” MORE FROM THE EEOC

If you use a paycard system to pay workers, be aware of these new protections. “The CFPB’s new rule on prepaid accounts creates comprehensive consumer protections for prepaid accounts. With our new rule you will get clear, upfront information about prepaid account fees so you can know before you owe and shop for the best deal. The rule also creates a number of new legal rights for prepaid account users, including protections in case of errors, loss, or theft. The new consumer protections and disclosures described in the above video will take effect on April 1, 2019.” WATCH VIDEO

Bullhorn provides the information in this Digest “as is” without any kind of warranty. Bullhorn expressly disclaims any and all warranties, whether express or implied, as to the accuracy, integrity, and quality of the information to the maximum extent permitted by law.

Please view the information contained in this digest as informational only. It’s not legal advice and you shouldn’t rely on it for compliance purposes. Bullhorn doesn’t offer any advice, explanation, opinion, or recommendation about you or your company’s specific legal situation or compliance or any possible legal rights, remedies, defenses, options, or strategies applicable to you or your business. We strongly recommend you review your local, state, and federal laws, and consult with your legal counsel regarding compliance-related content included in this digest. We believe the information contained in this digest is accurate as of the publish date and Bullhorn doesn’t have an obligation to update the information.

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Jonathan Novich

SVP of Product and Salesforce

Jonathan Novich is SVP of Product and Salesforce for Bullhorn, the global leader in CRM and operations software for the recruitment industry. A staffing technology innovator, he has developed broad and deep product and technical experience consulting to staffing firms over the past 15 years. Jonathan has acted as an independent consultant for some of the largest staffing companies in the world and advised companies on acquisition targets.
At Bullhorn, he oversees product initiatives as more than 10,000 staffing companies rely on Bullhorn’s cloud-based platform to drive sales, build relationships, and power their recruitment processes from end to end. He graduated with honors from Princeton University, earning a Bachelor of Science in Engineering in Computer Science and a certificate in Operations Research.

Ed Holmes

SVP, Workforce & Revenue Cloud

As Bullhorn’s SVP of Workforce & Revenue Cloud, Ed drives the company’s middle office strategy and overall product offering. Ed joined Bullhorn as part of the Peoplenet acquisition where he spent 7 years as the President/CEO leading up to the acquisition in late 2017. Prior to joining the Bullhorn family, Ed has spent his career designing, building and managing technology solutions for numerous Fortune 500 companies. He has been a Partner in an ERP-focused consulting firm, a CIO for a global pharmaceutical company, a supply-chain leader for a retail company and the leader of a services company from its inception to $50MM in revenue. Ed was born in Florida but has spent the last 20+ years in Atlanta, GA. Ed loves to play golf, tennis and basketball and occasionally gets out kite boarding when the wind is just right.

Ed holds a Bachelor of Science in Industrial and Systems Engineering from the Georgia Institute of Technology and an MBA from Goizueta Business School at Emory University.

Brian Sylvester

CFO

Brian Sylvester is Bullhorn’s Chief Financial Officer (CFO) with more than 15 years of financial leadership experience. Brian leads Bullhorn’s financial, accounting, and legal functions. Prior to becoming CFO, Brian spent three years at Bullhorn in various finance & accounting roles. Prior to Bullhorn, Brian was Corporate Controller at Pegasystems, a global provider of business process management software where he scaled the finance organization during a period of 2.5x revenue growth. Brian began his career at PricewaterhouseCoopers in their technology audit practice.

Brian is a CPA in Massachusetts, has a Master’s of Science in Accounting from Boston College and a Bachelor’s of Science in Accounting from Bryant University.

Tamsyn Attiwell

SVP, Customer Success

As the Senior Vice President of Customer Success, Tamsyn leads Bullhorn’s Services and Customer Success teams. She is responsible for the successful delivery of all products and services globally and is committed to creating and maintaining incredible long-term customer experiences in the Candidate to Cash process. Tamsyn has been delivering implementations for over 25 years with companies such as SAP, Ariba, Zuora and Apttus: specializing in HR, Payroll, Procurement and Quote To Cash capability. She trained as a software engineer after studying Maths, Statistics, and Computing in England.

Art Papas

Founder & CEO

Art Papas is the Founder and CEO of Bullhorn, Inc, the global leader in software for the staffing & recruitment industry. Art was the original architect of Bullhorn’s flagship Customer Relationship Management (CRM) system, which now helps more than 8,000 companies around the world run their businesses. Art is the Chairman of the Board at Career Collaborative, an organization that teaches unemployed and underemployed adults how to build careers that change lives and strengthen families. In 2014, Ernst & Young named Art an EY Entrepreneur of the Year Award Winner in New England. Prior to starting Bullhorn, Art started his career as a software engineer at Thomson Reuters. Art is a graduate of Tufts University, holding a Bachelor of Science degree in Mathematics.

Matt Fischer

President and Chief Technology Officer

As President and CTO, Matt leads Bullhorn’s architectural, technical, and software design and development efforts. He also directs the product management team’s work defining product strategy, and global customer support and success. Since joining Bullhorn in 2004, Matt has held a variety of leadership positions managing the growth of various technical and services teams, including Vice President of Professional Services. Prior to Bullhorn, Matt worked at PricewaterhouseCoopers, specializing in systems process assurance for such companies as Fidelity and State Street Global Advisors. Matt holds a Bachelor of Science in Business Administration with a concentration in Finance from Boston University’s School of Management.

Mike Restivo

Chief Revenue Officer

As Bullhorn’s Chief Revenue Officer, Mike drives the company’s global revenue growth. Mike was one of the first 15 team members of Bullhorn Inc. in Boston and relocated to London in 2010 to start up the International team. In his 6 years in London, Mike drove regional expansion into the Netherlands, Germany, Singapore, and Australia. He has supplied cloud-based solutions to recruitment consultancies in over 50 different countries worldwide for the past 10 years. Mike was born and raised in the Boston-area where he grew up an avid sport fan. He earned his Bachelor of Science in Business Management from Babson College.

Kristin Machacek Leary

Chief People Officer

Kristin oversees Bullhorn’s human resources function in her role as Chief People Officer. Kristin joined Bullhorn in 2020 and is responsible for helping Bullhorn scale to the next level, build leadership capacity, and accelerate growth in global markets. Kristin brings to the role over 20 years of experience leading high-potential companies through breakthrough growth and brings a depth of knowledge in organizational design, scalable processes, and flexible systems culled from some of the most successful global companies in the world. Leary joins Bullhorn from Hitachi Vantara, where she served as Chief Human Resources Officer, and before that she worked as Chief Human Resources Officer at Forcepoint, a private equity-backed company with 3,000 employees operating in more than 45 countries. She has also worked at high-growth enterprise technology companies like Alphatec Spine, Boston Scientific, and Hewlett-Packard.

Peter Linas

Executive Vice President of Corporate Development and International

Peter oversees Bullhorn’s international operations across EMEA and APAC in his role as Executive Vice President of Corporate Development and International. Peter joined Bullhorn in 2009 and was responsible for its highly successful UK launch. In addition to growing the international team to over 50 staff and establishing Bullhorn as the UK’s market leading recruitment software in fewer than three years, Peter has expanded Bullhorn’s reach into EMEA and APAC and achieved a user base of more than 10,000 international users. Prior to taking on the launch of Bullhorn in the UK, Peter spent 20 years working in the recruitment industry and held a number of senior director roles before moving into the technology space.

Ryan Murphy

Executive Vice President of Enterprise and Salesforce

Ryan Murphy is the Executive Vice President of Enterprise and Salesforce. He began his 10-year career at Bullhorn as a finance and sales intern, affording him a 360-degree view of the software-as-a-service industry and Bullhorn’s business model. Prior to his current role, Ryan served as an Enterprise Account Executive where he honed his customer-first leadership style and championed Bullhorn’s offerings to its most strategic clients. Today, Murphy is charged with leading the enterprise strategy and go to market for both Bullhorn and Bullhorn for Salesforce, enabling customers to maximize their investments on both platforms and deliver an incredible experience to their customers and candidates. Ryan has a Bachelor of Arts in Business Administration from Boston University.